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INDONESIA
JURNAL MAHKAMAH
Published by Universitas Ma'arif Lampung
ISSN : 27254422     EISSN : 25485679     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Mahkamah adalah Jurnal Ilmiah Berkala yang memuat artikel hasil penelitian mupun artikel konseptual di bidang Ilmu Hukum dan Hukum Islam. Jurnal Mahkamah diterbitkan oleh Fakultas Syaria'ah Institut Agama Islam NU (IAIM NU) Metro Lampung. Redaksi membuka kesempatan kepada para Kademisi, Dosen, Peneliti, Guru, Mahasiswa dan LSM untuk berpartisipasi dalam mengembangkan wacana Ilmu Hukum dan Hukum Islam yang humanis dengan karyakarya aspiratif, progresif, integratif dan interkonektif.
Arjuna Subject : -
Articles 313 Documents
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Sanctions for the Criminal Act of Extramarital Abortion Based on Article 346 of the Indonesian Criminal Code and Islamic Criminal Law Wanda Fitri Rahayu; Ali Khosim; Riyan Ramdani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.6246

Abstract

The criminal act of abortion constitutes a form of crime that threatens human life and frequently occurs in society, especially as a result of promiscuity among unmarried teenagers. Abortion has become a legal issue regulated in Article 346 of the Criminal Code. However, there are limited exceptions in Law Number 36 of 2009 on Health which permits abortion in medical emergencies and pregnancies resulting from rape. The purpose of this study is to explain abortion as an impact of promiscuity, economic factors, and socio-cultural factors. In addition, to gain an understanding of the positive legal regulations in Indonesia regarding sanction of abortion as regulated in Article 346 of the Criminal Code, and to examine the perspective of Islamic law in viewing the practice of abortion and their sanctions. The approach of legal relativism and criminalization is used to understand the complexity of the abortion phenomenon, demonstrating the need for harmonization between criminal law and reproductive health so that law enforcement is humane and in accordance with applicable social norms. The method used in this study is a normative juridical approach using a literature study technique. The research findings reveal that the practice of abortion among adolescents occurs due to weak social control, promiscuity, as well as economic factors, open access to pornographic content, and minimal supervision of people who encourage pregnancy outside of marriage. From a positive legal perspective, abortion regulations in Indonesia are still inconsistent. The Criminal Code criminalizes abortion without medical reasons, especially in Article 346, while in Law Number 36 of 2009 provides exceptions in cases of medical emergencies or rape. From the perspective of Islamic criminal law, this study found that abortion is viewed as a forbidden act, especially if it is performed after the fourth month of pregnancy, when it is believed that the spirit has been blown.
Islamic Legal Review on Granting a Surname to an Illegitimate Child (Case Study in Pangururan Village, Sumbul District) Jateng GP. Siburian; Ilhamsyah Pasaribu
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.6597

Abstract

This study aims to examine the Islamic legal perspective on the practice of granting clan names to children born out of wedlock in Pangururan Village, Sumbul District. This phenomenon is noteworthy because the granting of a clan name is part of the Batak Toba tradition, which holds social, kinship, and identity values, while in Islamic law, the lineage of a child born out of wedlock is subject to specific regulations. The study employs a qualitative method with a case study approach, using in-depth interviews, observation, and document analysis. The findings reveal that the granting of a clan name to children born out of wedlock in Pangururan Village is carried out to preserve family dignity, strengthen social relations, and prevent discrimination against the child. However, from an Islamic legal perspective, the lineage of a child born out of wedlock can only be attributed to the mother and her family, not to the biological father or his family. Therefore, granting a clan name that implies lineage to the biological father is not in accordance with the principles of lineage in Islamic law. The study recommends dialogue between traditional leaders and local scholars to find solutions that respect cultural values while adhering to the provisions of Islamic law.
Recontextualization of the Law on Marriage Postponement Due to Family Bereavement in Javanese Tradition from the Perspective of Maqāṣid al-Sharī‘ah Arifin, Hamdan; Mukhlishin, Ahmad; Alfi Khotamin, Nur
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the practice of marriage postponement due to the death of a family member within the Javanese community tradition in Sukajadi Village, as well as its legal recontextualization from the perspective of Maqāṣid al-Sharī‘ah. The research employs a qualitative approach using a field-based case study method through observation and in-depth interviews with traditional leaders, religious leaders, and families who have experienced marriage postponement. The findings reveal that the practice of marriage postponement constitutes a complex socio-religious phenomenon, influenced not only by emotional factors, but also by customary values, the collectivist structure of the family, and cosmological beliefs such as the momentum of Satu Suro. This postponement functions as a social mechanism to maintain harmony, emotional stability, and community cohesion, while also serving as a form of respect for bereaved families. From the perspective of Maqāṣid al-Sharī‘ah, this practice can be understood as an effort to preserve maslahah through the protection of lineage (ḥifẓ al-nasl) and intellect (ḥifẓ al-‘aql), by ensuring psychological and social readiness in establishing a family. Furthermore, this tradition reflects the application of the concept of ‘urf ṣaḥīḥ as well as legal maxims that emphasize the prevention of harm and adaptation to changing circumstances. This study concludes that the tradition of marriage postponement is not static, but rather undergoes transformation through negotiation between custom, religion, and modern rationality, thereby remaining relevant within the framework of Islamic law oriented toward maslahah.
Family Mediation in Resolving Conflicts Arising from Toxic Behavior in the Online Game Mobile Legends: A Conceptual Analysis and 5M Model Based on Tahkīm and Sulh Revi Mariska; Yoki Pradikta, Hervin; Mu'in, Fathul
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7786

Abstract

This study aims to examine the characteristics of family conflicts arising from toxic behavior in the competitive online game Mobile Legends: Bang Bang (MLBB) and to formulate a family mediation strategy based on the principles of Islamic Family Law, particularly sulh and tahkīm. The study employs a qualitative approach with an empirical descriptive-analytical design through the integration of literature review, conceptual legal analysis, and synthetic case illustrations to enhance analytical depth and theoretical coherence. The findings indicate that family conflicts are primarily triggered by competitive pressure and the phenomenon of online disinhibition during gameplay, which subsequently extends into the domestic sphere in the form of emotional tension, neglect of family responsibilities, and financial disputes due to in-game expenditures. These findings underpin the formulation of the 5M Family Mediation Model, which consists of mapping problems, managing emotions, conducting deliberation, establishing agreements, and monitoring as well as evaluating outcomes. The model emphasizes the importance of empathetic communication, emotional regulation, structured limitations on gaming duration and spending, as well as the reinforcement of islāḥ and tahkīm values as mechanisms for just and sustainable conflict resolution. This study contributes conceptually to the discourse on digital behavior and family mediation within the framework of Islamic law, although it is limited by its illustrative nature and the absence of primary empirical field data. This condition opens opportunities for future empirical studies to test the effectiveness of the proposed model across broader and more diverse social contexts.
A Legal Review of the Rights and Identity of Adopted Children (Case Study of an Adopt Father Who is Reluctant to Disclose Their Biological Father in Sumber Gede Village, East Lampung) Ariyanto, Ade Fajar; Khotamin, Nur Alfi
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.7549

Abstract

This study critically examines the practice of concealing the identity of adopted children in kinship-based adoption patterns in Sumber Gede Village, highlighting the implementation of adoption that takes place without formal legal procedures and its implications for the fulfillment of identity rights in the national legal system. This study aims to identify the configuration of these social practices and test their compliance with the provisions on child identity protection in Law Number 35 of 2014 and Government Regulation Number 54 of 2007. The approach used is qualitative through empirical juridical methods based on field studies, with primary data from interviews with various parties and secondary data from regulations and legal literature, which are analyzed qualitatively descriptively. The findings indicate two dominant patterns, namely foster care without document changes and administrative engineering without a court order, which have the potential to reduce children's identity rights. The novelty lies in the integration of normative and empirical-sociological analyses that highlight the psychological-cultural motives of adoptive parents and their legal vulnerabilities. The socio-legal approach reveals the gap between norms and practices, both from the perspective of national law and the principle of ḥifẓ al-nasl, with implications for the uncertainty of civil status and weak legal protection of children.
Prevention of Underage Marriage in the Perspective of Islamic Law and Laws and Regulations Akram, Fayyadh; Mardiantari, Ani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i1.7566

Abstract

This study examines the prevention of child marriage in the perspective of Islamic law and laws and regulations in Indonesia. Child marriage is still a serious problem that has an impact on educational, health, psychological, and child rights protection. Normatively, Islam places marriage as a sacred institution that aims to realize the benefit, peace, and sustainability of offspring. Meanwhile, Indonesia's positive law through changing the marriage age limit in Law Number 16 of 2019 is a progressive step in strengthening child protection. This study uses a juridical-normative approach with a conceptual analysis of the postulates of fiqh, maqāṣid al-syarī'ah, and national regulations related to child protection and marriage. The results of the study show that the prevention of child marriage is in line with the principles of maqāṣid al-syarī'ah, especially the protection of the soul (ḥifẓ al-nafs), reason (ḥifẓ al-'aql), heredity (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Therefore, the synergy between Islamic law and laws and regulations is an important instrument in reducing the rate of child marriage in Indonesia.
Maintenance Crisis in Early Marriage: Socio-Legal Study on the Triggers of Divorce Lawsuits in Sukadana Yustora, Denty; Arsyad, Mufid
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.7578

Abstract

The maintenance crisis in early marriage in Sukadana shows that there are serious problems in family relations that have an impact on the increase in divorce lawsuits. Most previous studies have focused more on common factors of divorce such as the economy and household disharmony, while studies that specifically link the maintenance crisis in early marriage to a socio-legal perspective have been limited. This article analyzes how the husband's inability to fulfill alimony obligations transforms into a juridical reason in a divorce lawsuit and how these dynamics reflect the interaction between structural, cultural, and normative factors. This research uses a qualitative method with an exploratory-analytical design through a socio-legal approach. Data were obtained from in-depth interviews with six informants as well as an analysis of court decisions and related regulations. The results of the study show that the maintenance crisis is influenced by economic unpreparedness due to early marriage, low education, and weak internalization of family law norms. In addition, there is a shift in the meaning of alimony from a normative obligation to a structural burden and a change in power relations in the household that trigger conflicts. These findings confirm that divorce serves as a socio-legal mechanism to provide legal protection and certainty for women and reflects the need for a family justice model that is more responsive to social realities.
TNI Soldier Desertion: The Gap of Normative Approaches and Social Reality in the Formulation of Countermeasures Policies Haryoto, Adi; Darmawan, Didit; Hardyansah, Rommy; Rizky, Muchamad Catur; Putra, Arif Rachman
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7691

Abstract

The crime of desertion is a serious violation in the military environment that has an impact on the discipline of soldiers and the effectiveness of state defense. Previous studies tend to place desertion in a purely normative juridical perspective, so it has not fully explained the relationship between legal norms and the social factors that underlie them. This study aims to analyze the crime of desertion by TNI soldiers through a juridical-empirical approach by examining legal norms as well as identifying the causative factors and law enforcement efforts. The research method uses a juridical-empirical approach with a descriptive-analytical nature, through a literature study of laws and regulations, legal literature, and military court decisions enriched with the analysis of relevant social factors. The results of the study showed that desertion was influenced by internal factors, such as family conditions, economy, intentions, age, education, and mental readiness, as well as external factors, such as understanding regulations, workload and placement, social environment, and superior-subordinate relations. Law enforcement efforts are carried out through preventive and repressive measures. Preventive efforts include attendance supervision, mental coaching, legal counseling, and strengthening internal communication, while repressive efforts are carried out through the application of military disciplinary laws and military criminal laws, including in absentia examination mechanisms. This research contributes by offering an integrative approach between juridical analysis and social factors in understanding desertion, and recommends strengthening policies based on soldiers' welfare and sustainable discipline development as a more effective countermeasure strategy.
Sasuduk in the Marriage Customs of Lampung Saibatin According to Islamic Law (Study in Gedung Cahya Kuningan Village, Ngambur District, West Coast Regency) Aryani, Mera; Hidayat, Eko; Al Arif, M. Yasin
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7427

Abstract

The tradition of sasuduk or hiyokh sumbai is a practice of providing assistance in Lampung Saibatin traditional marriage which is still preserved in Gedung Cahya Kuningan Village, Ngambur District, West Coast Regency. This research aims to analyze the process of implementing the sasuduk tradition and examine the view of Islamic law on this practice. The research uses a descriptive qualitative method with a field research approach through observation, interviews, and documentation. The research informants included traditional leaders, religious leaders, community leaders, and people who carried out the sasuduk tradition. The results of the study show that sasuduk is carried out through the provision of staple foodstuffs, cash, or livestock which are recorded in detail by special officers with a reciprocal return system. This tradition has become a social necessity with sanctions in the form of gossip from the community and not receiving assistance when holding their own celebrations. From the perspective of Islamic law, the essence of sasuduk as a form of helping in goodness is in accordance with Islamic teachings. However, the system of recording and obligation to repay that resembles debts and harsh social sanctions is contrary to the principles of sincerity and voluntariness in giving ingive taught by Islam. The tradition of sasuduk needs to be returned to the essence of sincere and voluntary gotong royong in order to be in line with Islamic values
Children's Legal Steps for Abuse of Property by Parents for the Sake of Polygamy: A Study of Positive Legal Analysis in Mataram Baru Village, East Lampung Kharisma, Roza; Iwannudin, Iwannudin
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.7593

Abstract

Children are legal subjects who have inherent rights, including economic rights and property ownership rights that are protected by Indonesia's positive law. However, in practice, it is still found that the misuse of children's property by parents for personal interests, including in the context of polygamy. This study aims to analyze Indonesia's positive legal arrangements in protecting children's rights to the misuse of property by parents for the sake of polygamy and examine the legal steps that can be taken by children in dealing with these problems. This research uses a qualitative approach with a type of field research conducted in Mataram Baru Village, East Lampung. Primary data was obtained through in-depth interviews with children, legal wives, and family members, while secondary data was obtained from laws and regulations, legal literature, and other supporting documents. The results of the study show that Indonesia's positive law has provided preventive, repressive, and administrative legal protection, but its implementation at the village level has not been optimal due to low legal awareness and socio-cultural factors. The novelty of this research lies in the placement of children as active legal subjects who can demand and recover their economic rights in the context of polygamous families at the local level.

Page 27 of 32 | Total Record : 313

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